Maldonado v. South Bronx Development Corp.

Order Supreme Court, Bronx County (Alan Saks, J.), entered June 30, 2008, which *613denied the motion of defendant CP Associates for summary judgment as against defendant Food Bazaar, unanimously modified, on the law, the motion granted to require Food Bazaar to undertake CP’s contractual defense in the underlying action, and otherwise affirmed, without costs.

Summary relief is appropriate on a claim for contractual defense where, as here, the lease agreement is unambiguous and clearly sets forth the parties’ intention that a lessee provide a defense to the lessor for injuries sustained (see Brook…